1964 Present: Sri Skanda Rajah, J.


R .C. FERNANDO, Petitioner, and E. WIJESEKERA et al, Respondents

S. C. 524/63-Application for Revision in M. C. Colombo, 29,426 and 33,359 (No. 33/64)

Criminal procedure-Assumption by Magistrate of civil jurisdiction in a criminal case-Illegality-Criminal trespass.

      Where, in a prosecution for criminal trespass, the Magistrate decided to have an inspection and to fix the boundary between two lands-

     Held, that a Magistrate is not entitled to convert his criminal jurisdiction into one of civil jurisdiction. Even by agreement parties cannot confer that jurisdiction on a Magistrate.

   APPLICATION to revise an order of the Magistrate's Court, Colombo.

                 N. E. Weerasooria, Q.C., with H. Mohideen, for the petitioner.

               A. C. Nadarajah, for the 1st and 3rd respondents.

February 20, 1964. SRI SKANDA RAJAH, J.-

    Magistrates appear to be assuming jurisdictions which are not theirs. Only recently I had occasion to refer to a similar matter-vide S. C. 767-768 M. C. Balapitiya 37267, Supreme Court Minutes of 12th December,

1963. The order that was made by the Magistrat